Md. Meraj @ Manna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM THE OFFICIAL CHAMBERS VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.27338 of 2021 Arising Out of PS. Case No.-347 Year-2019 Thana- DANAPUR District- Patna ====================================================== MD. MERAJ @ MANNA S/o Abdul Kayum R/o Mohalla old Emarat Sariya, P.S.- Phulwari Sharif, Dist- Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar,Advocate For the Opposite Party/s :

Ms.Suman Kumari Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-10-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Suman Kumari Singh, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Danapur P.S. Case no. 347 of 2019 registered for the offences punishable under Section 379 of the Indian Penal Code. The petitioner is in custody since 10.07.2017.

As per the prosecution story, on 02.05.2019 the informant parked his Innova vehicle at the parking area of HITECH Hospital. After some time when he went at the parking area, he found his vehicle missing and on search the informant

Patna High Court CR. MISC. No.27338 of 2021(2) dt.08-10-2021 2/3 did not find his vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has no concern with the alleged occurrence. The petitioner is in custody since 10.07.2019.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein the petitioner is in custody since 10.07.2019 in this case registered under Section 379 IPC and the trial is not likely to be concluded in near future as also further considering the submission of learned counsel for the petitioner that in all other cases stated in paragraph '3' the petitioner is on bail except in one case being Rupaspur P.S. Case no. 77 of 2019, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Danapur, Patna in connection with Danapur P.S. Case No. 347 of 2019, subject to the conditions as laid down under Section 437(3) Cr.P.C. And further condition that the court below shall verify

Patna High Court CR. MISC. No.27338 of 2021(2) dt.08-10-2021 3/3 the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. And further condition that henceforth once in every two months the petitioner shall mark his attendance before the S.H.O. of Phulwari Sharif police station in the District of Patna and shall keep on furnishing his complete whereabouts and mobile number to the S.H.O. If he is required to go outside the jurisdiction of the police station in connection with any employment etc.

then also he will furnish his address and other information to the S.H.O. Noncompliance with this condition shall be reported by the S.H.O. of Phulwari Sharif police station to the learned court below and steps shall be taken for cancellation of the bail of the petitioner. The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.